Strict Scrutiny
Strict Scrutiny
Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
Recent Episodes
20 episodesWar Crimes, Christian Nationalism, and the 25th Amendment
Even though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways.Favorite things: Leah: Democracy in Retrograde by Sami Sage and Emily Amick; “Drunks, Lampposts, and the Birthright Citizenship Case” by Steve Vladeck; Levain Bakery’s carrot cake cookie Katie: her dog Lucky Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at http://crooked.com/eventsVote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and BlueskyJoin the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/
Birthright Citizenship + Bye-Bye, Pamela Jo Bondi
Last week saw oral arguments in the birthright citizenship case, Trump v. Barbara, and listeners, it finally happened: a legal argument so outlandish from the Trump administration that even this Court will have to rule against him. Leah and Melissa break down the back-and-forth and explain why this case will give SCOTUS credibility it doesn’t deserve. They also cover the President’s firing of the blonde with the binders, Pamela Jo Bondi–pouring one out for her chaotic, destructive reign at the Department of Justice.Favorite things: Leah: The Birthright Con, Jamelle Bouie (NYT); WNBA Players Had an Ace Up Their Sleeve in Pay Negotiations: A Nobel Laureate, Rachel Bachman & Justin Lahart (WSJ) Melissa: Parents as Regulators by Caitlin Millat, forthcoming in UCLA L. Rev.; Harlem Rhapsody, Victoria Christopher Murray; My Boo Buddies; Artemis II Vote for us in the Webbys! Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderPreorder a signed paperback of Leah’s book, Lawless, here.Follow us on Instagram, Threads, and Bluesky
SCOTUS Not Cool With Colorado Ban on Conversion Therapy
Today the Supreme Court issued its opinion in Chiles v. Salazer, the case involving a Colorado ban on conversion therapy. Leah is joined by Shannon Minter, Legal Director at the National Center for LGBTQ Rights, to break it down.Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Will SCOTUS Join the GOP War on Mail-in Ballots?
Kate and guest co-host Ian Bassin of Protect Democracy kick off the show by covering the latest legal news, including developments at the Pentagon and Department of Justice, as well as Trump’s ominous threat to judges. Then, they recap the week’s opinions and oral arguments, focusing on Watson v. RNC, a case that could totally upend mail-in voting. Finally, Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, returns to the show to discuss the asylum case argued before the Court last week, the birthright citizenship case now on deck, and her work with detainees at the Dilley Immigration Processing Center in Texas.Favorite things: Kate: This Is Why Flying Is So Awful, Ganesh Sitaraman (NYT); Why Flying Is Miserable and How to Fix It, Ganesh Sitaraman; The Mixed Marriage Project: A Memoir of Love, Race, and Family, Dorothy Roberts; Law on Trial: An Unlikely Insider Reckons with Our Legal System, Shaun Ossei-Owusu Ian: The World of Yesterday, Stefan Zweig; The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution, Jesse Wegman; the band Idles, and their song Danny Nedelko Elora: Habeas Corpus for Immigrant Detainees: A Practical Guide to Filing Habeas Petitions (Vecina) Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Absentee Ballots, Asylum, and Too Many A**holes to Count
Leah, Kate, and Melissa preview this week’s arguments at the Court, including Watson v. Republican National Committee, a challenge over when election offices must receive absentee ballots in order for them to be counted. They also cover a flood of legal news, including the quagmire that is the New Jersey U.S. Attorney’s Office, rulings from lower courts both encouraging (U.S. District Court for the District of Columbia) and grim (the wrong-like-clockwork Fifth Circuit), and the showdown between Senator Rand Paul and Trump’s pick for DHS head, Markwayne “NOSPACES” Mullin.Favorite things: Kate: How to stop a dictator, Zack Beauchamp (Vox); The Case of Kristie Metcalfe (NYT’s The Daily); Project Hail Mary, Andy Weir Leah: The Epic transcript from NJ; luck…or something, Hilary Duff (producer Melody’s pick: Future Tripping; producer Michael’s pick: Adult Size Medium); Her giveaway to celebrate Melissa’s new book (enter here); Melissa: Love Story Official Playlist (Spotify); Paradise (Hulu); Risk and Resistance: How Feminists Transformed the Law and Science of AIDS, Aziza Ahmed. Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader and enter the giveaway for a t-shirt HERE.Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Make America Grift Again
Leah, Melissa and Kate go on Corruption Watch to catch up on all the sketchy things happening in the judicial and executive branches. Then, they cover some recent oral arguments and opinions from The Court before bringing you a conversation from last week’s live show in LA with Representative Jimmy Gomez of California’s 34th Congressional District.Favorite things: Kate: The Correspondent by Virginia Evans; Project Hail Mary by Andy Weir; Vladimir on Netflix (adaptation of the book by Julia May Jonas) Leah: Kacey Musgraves, “Dry Spell”; Judge Young’s opinion denying a stay of the remedies he ordered in response to the federal government’s illegal targeting of students & noncitizens based on pro-Palestinian speech; Sonja Starr & Genevieve Lakier, The War on DEI as a Project of Constitutional Subversion Melissa: The Devil is Busy on HBO Max; Good Woman: A Reckoning by Savala Nolan; Love Story: John F. Kennedy Jr. & Carolyn Bessette on Hulu and Disney+ Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
A Court of Drugs and Guns
Kate, Leah, and Melissa break down the oral arguments in United States v. Hemani, a Second Amendment case which challenges a law prohibiting “unlawful users” of controlled substances from possessing a firearm. Then, they cover two truly heinous shadow docket rulings–a case out of New York where SCOTUS’s conservatives seem to have found an impermissible racial gerrymander they believe in, and another on the outing of transgender children–before speaking with California Attorney General Rob Bonta about standing up to the Trump administration on issues like tariffs, federal law enforcement overreach, and antitrust. They also pour one out for Krispy Gnome’s (née Kristi Noem) generationally awful tenure at the Department of Homeland Security. This episode was recorded live at the Herbst Theatre in San Francisco.Favorite things: Kate: This judicial order in Urquilla-Ramos v. Trump Leah: Upcoming Sarah J. Maas books; Melissa’s upcoming book (link below) Melissa: [REDACTED] Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
The Conservative Push to Weaken Our Democracy
International law expert Rebecca Ingber of Cardozo Law joins Leah at the top of the show to talk about the US and Israel's war on Iran. Then, Leah welcomes guest co-host Chris Geidner of Law Dork to run through domestic legal news, including the omission of allegations against Trump from the Epstein files, the President’s MAHA Surgeon General nominee Casey Means’s confirmation hearing, the administration’s wildly illegal halting of Medicaid funds to Minnesota, the role of independent media in Trump 2.0, and some of the stories Chris has been breaking. They also unpack last week’s oral arguments and opinions before Leah is joined by Marc Elias, chair of Elias Law Group and founder of Democracy Docket, to discuss how voting rights are under attack from all three branches of government.Favorite Things: Chris: Upcoming theatre including As You Like It (RSC), The Rock Horror Show (Broadway), and Sunday in the Park With George (Barbican, London) Leah: Upcoming article for the Georgetown Law Review, The Passive Vices; independent media including Law Dork; Democracy Docket; and One First; The Supreme Court is Not "Reining in" Executive Power, Steve Vladeck (One First); Crooked on MS NOW premiering on Saturday at 9pm ET on MS NOW Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
SCOTUS Again Takes on the 2nd Amendment—What Could Go Wrong?
Kate is joined by Friend of the Pod Steve Vladeck (One First) to break down last week’s legal news, including developments around noncompliance in the lower courts and SCOTUS ethics. Then, Leah and Melissa join to preview upcoming arguments before the Court where the Justices will consider important asylum and Second Amendment cases, among others. Finally, Kate speaks with Elliot Williams about his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation.Favorite things: KS: Grant, Ron Chernow; The Last Dance LL: A Caribbean Heiress in Paris, Adriana Herrera; Wuthering Heights, Charli xcx Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
BREAKING: SCOTUS Nixes Trump’s Tariffs
In today’s much-anticipated ruling, the Supreme Court struck down Trump's tariffs. But how the opinion, dissent, and concurrences break down paints a much more complicated—and concerning—picture. What happens next? Just how far will Brett Kavanaugh go to enable Big Daddy Trump? When will the Court’s conservatives realize that the Major Questions Doctrine is about as real as the tooth fairy? Kate and Leah answer these questions and more. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Is Sam Alito On His Way Out?
The legal news just kept coming this week, and Melissa, Leah, and Kate break it all down. Could Friend of the Pod Sam Alito be retiring? Possibly! Can Pete Hegseth retaliate against Senator and veteran Mark Kelly for free speech? No! Just how wild was Pamela Jo Bondi’s Epstein files testimony in Congress? Pretty flippin’ wild! They also cover the latest out of Minnesota, Democratic representatives tearing the head of ICE a new one, some very bad news for humans who enjoy clean air, the Heritage Foundation’s crusade against birth control, and other legal flotsam and jetsam.Favorite things: Kate: Bad Bunny's Super Bowl Halftime Show; Universities Are Sending Trump a Dangerous Message, Arne Duncan & David Pressman (Washington Post); The Field of Blood: Violence in Congress and the Road to Civil War, Joanne B. Freeman Leah: We Have to Look Right in the Face of What We Have Become, Jamelle Bouie; What It Means to Be a White ‘Race Traitor’, Nikole Hannah-Jones (NYT) Melissa: MS NOW Presents: Clock It with Symone Sanders Townsend & Eugene Daniels; A Pilot Fired Over Kristi Noem’s Missing Blanket and the Constant Chaos Inside DHS (WSJ); Jessica Bichler for NC State Senate Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Are You There, God? It’s Me, the Constitution.
SCOTUS may be between argument sessions, but the legal news isn’t slowing down. Kate, Melissa, and Leah cover the latest out of Minnesota before touching on the Department of Homeland Security’s troubling use of administrative subpoenas and Jodi Kantor’s reporting on the introduction of non-disclosure agreements to the Supreme Court. Then, some election news: the Tulsi Gabbard-supervised FBI raid on an elections office in Fulton County, Georgia, Trump’s desire to “take over” elections, and an update on the challenge against California’s Proposition 50, Gavin Newsom’s counter to racial gerrymandering in Texas. Finally, Kristi Noem’s attempt to revoke Temporary Protected Status for Haitians gets shot down by the District Court for the District of Columbia, and a smörgåsbord of other legal bits and pieces. Leah: What a “Melania” Cinematographer Hoped to Accomplish, Isaac Chotiner (New Yorker); Bad Bunny’s Grammys speech; Melissa’s upcoming book (link below); Margaritaville Resort Times Square Kate: The Secrets of the Whales (Disney Plus); Liam Ramos Was Just One of Hundreds of Children at This Detention Center. Release Them All., Elora Mukherjee (NYT); Ian McKellen on Colbert Melissa: Should You Buy a Newspaper or a Yacht? By Alexandra Petri, How Autocrats Meddle With Elections, Anne Applebaum (The Atlantic); This Guy Sucked; Nuremberg; Mona Lisa Smile; Mrs. America; Fleece Puppy Bag (Zara) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
The Illegality and Injustice of ICE’s Minnesota Occupation
Melissa, Kate, and Leah break down the various legal cases arising from ICE’s occupation of Minnesota, including a bid to end DHS’s Operation Metro Surge and a case from citizens seeking to block the abusive use of tear gas and pepper spray. Then, the hosts welcome Crooked’s Tommy Vietor to talk about all things foreign policy: Trump's blatant disdain for international law, the so-called “DonRoe Doctrine,” the President’s wildly incoherent and pointless tariffs, and why Trump’s claim that he’s ended eight wars is beyond laughable. Finally, a deeply concerning FBI raid on the Fulton County elections office supervised by Hawaii's least favorite daughter, Tulsi Gabbard.Favorite things: Leah: Streets Of Minneapolis, Bruce Springsteen; The Blood-and-Soil Nationalism That Killed Alex Pretti and Renee Good, Ta-Nehisi Coates (Vanity Fair); Minnesota Proved MAGA Wrong, Adam Serwer (The Atlantic); Chris Hayes’ reporting from MN Kate: This May Be the Only Path to Accountability for the Minneapolis Shootings, Barry Friedman and Stephen I. Vladeck (NYT); Who Gave ICE Permission to Trample the Constitution? Amicus (Slate); JVN Hair; Migrations, Charlotte McConaghy Melissa: His and Hers, Reality Check: Inside America’s Next Top Model (Netflix); King of the North Martin Luther King Jr.'s Life of Struggle Outside the South, Jeanne Theoharis Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsPreorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Will the Court Actually Push Back Against Trump’s Unlawful Firings?
First, Leah and Melissa explain the legal battles around the ICE occupation in Minnesota and what might come after the killings of Renee Good and Alex Pretti. Then, Leah, Kate, and Melissa run through the latest legal news, including Jack Smith’s testimony before the House Judiciary Committee, before diving into this week’s blockbuster oral argument, Trump v. Cook, on whether Trump has the power to fire Lisa Cook from the Federal Reserve Board. They also cover the week’s other oral arguments, including a Second Amendment case where Sam Alito came out as woke…for guns. Finally, with apologies to the Fifth Circuit, a new nominee for America’s worst circuit court. Preorder Melissa’s new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, out May 12, 2026. Favorite things: Melissa: Valentino Was the Last of Fashion’s Old Guard, Robin Givhan (NYT); The Supreme Court Just Held an Anti-Trans Hatefest, Elie Mystal (The Nation) Kate: The Purged, Franklin Foer (The Atlantic); There’s Much More at Stake in the Fed Case Than Interest Rates, Lev Menand (NYT); God of the Woods, Liz Moore; Broken Country, Clare Leslie Hall Leah: Lindsey Halligan being a shitty lawyer; Mark Carney at the World Economic Forum; Stand With Minnesota; Your Friendly Neighborhood Resistance, Kerry Howley (New York Magazine) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Will SCOTUS Keep Trans Kids Out of Sports?
Melissa, Leah, and Kate kick off by discussing the functional suspension of the Constitution in Minneapolis and Trump’s targeting of Federal Reserve Chair Jerome Powell. Then they dissect the arguments in a pair of cases that came before the Court last week about whether state laws barring trans girls and women from their schools’ sports teams violate the Constitution or Title IX. Finally, they break down new opinions from SCOTUS involving criminal law, the Fourth Amendment, and mail-in ballots.Favorite things: Kate: You’ve heard about who ICE is recruiting. The truth is far worse. I’m the proof., Laura Jedeed (Slate); Remarkably Bright Creatures, Shelby Van Pelt; God of the Woods, Liz Moore; Ulysses at the Public Theater Leah: They Were Ordinary Germans. We Are Ordinary Americans., Shalom Auslander (NYT); What to know about the Insurrection Act, Steve Vladeck & Allison Gill (One First); Can Trump Actually Use the Insurrection Act? Steve Vladeck and Jennifer Rubin (The Contrarian) Melissa: Nuremberg; Ammel vs. Sinema; This guy Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Debunking Trump’s Bullsh*t Legal Arguments for Invading Venezuela
Leah, Kate, and Melissa preview January’s major SCOTUS cases, including disputes over trans kids' participation in team sports, a concealed-carry ban in Hawaii, and Trump’s attempt to fire Federal Reserve Governor Lisa Cook. The hosts are then joined by Georgetown Law Professor Marty Lederman to break down the administration’s flimsy legal case for the regime-change operation in Venezuela, as well as the Court’s shadow docket ruling on the federalization and deployment of the National Guard in Chicago. Finally, some news: the horrific murder of Renee Good in Minneapolis, the Court’s opinion in an important habeas case, and an unhinged tweet from Trump’s Assistant Attorney General for Civil Rights.Favorite things: Leah: Jan Crawford’s attack on SCOTUS “corruption” narrative was its own substantive-free narrative, Chris Geidner (Law Dork); The Year America Broke Open, Sherrilyn Ifill (Sherrilyn’s Newsletter); State v. Johnson (Wyoming Supreme Court); Heated Rivalry by Rachel Reid and on HBO Max (Game Changers series); Rally for America's Workforce: PAWA to the People on Wednesday, 1/14/26 at 12:00pm at Upper Senate Park in DC Kate: Audition, Katie Kitamura; A Marriage at Sea: A True Story of Love, Obsession, and Shipwreck, Sophie Elmhirst; The Wager: A Tale of Shipwreck, Mutiny and Murder, David Grann; The Power Broker: Robert Moses and the Fall of New York, Robert Caro; FOTP Steve Vladeck’s Senate Judiciary Committee testimony Melissa: The Heir Apparent, Rebecca Armitage; Tomorrow and Tomorrow and Tomorrow, Gabrielle Zevin; Ziwe’s interview with Vince Staples Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and BlueskyGet tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Can America Pull Back From the Brink of Autocracy?
Leah kicks off the episode with repeat guest Rebecca Ingber of Cardozo Law to discuss the wild illegality–both domestic and international–of Trump’s regime change operation in Venezuela. Then, Kate, Melissa, and Leah welcome Princeton professor and expert on the rise of modern autocracies, Kim Lane Scheppele to break down how Trump is consolidating power over the executive branch and the courts. Leah next catches up with president and CEO of Democracy Forward Skye Perryman on some of the legal developments over the holidays, including challenges to Department of Education funding cuts, the freezing of childcare payments to Minnesota, and a near-total abortion ban for veterans. Finally, the hosts speak with Demand Justice's Josh Orton about the worrying trends his organization is seeing among Trump 2.0’s judicial nominees.Kim’s favorite things: An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril, Gerald J. Postema (Judicature); Judge Harvey Wilkinson’s opinion in Abrego Garcia v. Noem; Judge William G. Young’s opinion in AAUP vs. Rubio; Sara L. Ellis’s opinion in Chicago Headline Club v. Noem; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsBuy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and BlueskyGet tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Introducing Runaway Country: Justice Has Left the Building
Alex digs into the destruction of due process and rule of law under the Trump administration. First, she hears from Judge Anam Petit, a recently fired immigration judge who explains how the legal system is being quietly dismantled to prioritize deportations. Then, Alex speaks to Andrew Weissmann, former lead prosecutor in Robert Mueller’s Special Counsel’s Office, about whether our system is forever changed, and what it’s like to be in President Trump’s crosshairs.For a transcript of this episode, click here.Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
Our Favorite Things, 2025
It’s that time of year when Leah, Melissa, and Kate put on their influencer hats and recommend the things that made their days a little brighter in 2025. This year, they’re joined by two special guests: rockstar Strict Scrutiny intern Jordan Thomas to share some of his picks, and former Chair of the Federal Election Commission Ellen Weintraub to discuss two of democracy’s favorite things—independent agencies and the regulation of money in politics. Favorite things: WANT Leah: Cozy Earth Bubble Cuddle Blanket, Jones Road Just Enough Tinted Moisturizer Kate: Aventura electric scooter, Grüns Superfood Greens Gummies Melissa: True Botanicals, e.l.f. Camo Liquid Blush Jordan: Tea Tree Leave-In Conditioner, Pink Oil Moisturizer, NEED Leah: Peloton stretching classes, Farmhounds dog treats; Badlands Ranch dog food Kate: custom bobbleheads & action figures, Lilly Allen’s tour, Strict Scrutiny’s upcoming West Coast tour Melissa: Caddis readers, Blackwing Matte pencils, As Ever Rosé Jordan: 2026 Evanescence and Korn tours, these headphones WEAR Leah: Forme Power Bra, Argent, TheRealReal Kate: Strict Scrutiny onesies, Cozy Earth Studio Wide Leg Pant Melissa: Quince yak wool sweaters, Uniqlo White T-Shirt, Clearly Collective Collegiate Scarves, WaySoft Cashmere Beanie Jordan: Crooked Con Merch, Mavi jeans READ Leah: The Wedding People, Alison Espach; Julie Anne Long’s Pennyroyal Green series; Lisa Kleypas’ Wallflowers series; These Summer Storms, Sarah MacLean; Bury Our Bones in the Midnight Soil, V. E. Schwab; The God of the Woods, Liz Moore; Book of the Month Kate: The Power Broker, Robert Caro; Who Is Government? Michael Lewis; Character Limit: How Elon Musk Destroyed Twitter, Kate Conger & Ryan Mac; The Radical Fund, John Fabian Witt; Isola, Allegra Goodman; Heart the Lover, Lily King; Martyr! Kaveh Akbar; The History of Sound, Ben Shattuck Melissa: Matriarch, Tina Knowles; Black in Blues: How a Color Tells the Story of My People, Imani Perry; Jane Austen's Bookshelf, Rebecca Romney; Atmosphere, Taylor Jenkins Reid; The Book Club for Troublesome Women, Marie Bostwick; The Loneliness of Sonia and Sunny, Kiran Desai Jordan: Lawless, Leah Litman; The Sirens' Call, Chris Hayes; Bad Law, Elie Mystal; Charles Sumner: Conscience of a Nation, Zaakir Tameez; Just Shine! How to Be a Better You, Sonia Sotomayor Ellen: Deanna Raybourn’s Veronica Speedwell Mysteries; Everyone in My Family Has Killed Someone, Benjamin Stevenson; The Black Wolf, Louise Penny; Shakespeare: The Man Who Pays the Rent, Judi Dench; This Is Happiness, Niall Williams; Elizabeth Strout; Amor Towles Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky
SCOTUS Is About to Turbocharge Presidential Power
Leah, Kate, and Melissa recap the oral argument in Trump v. Slaughter, a case that could nuke the administrative state as we know it by giving Trump broad leeway to fire heads of independent agencies. They also cover the other arguments in cases involving campaign finance and the death penalty, and various and sundry bits of legal news including the antics of Judge Emil Bove and Trump’s ongoing game of U.S. attorney musical chairs.Favorite things: Leah: At will? Whose will? By Don Moynihan (Can We Still Govern?) Melissa: Trump’s Very Weird Night at the Kennedy Center Honors, Alexandra Petri (The Atlantic); A Flower Traveled in My Blood, Haley Cohen Gilliland Kate: How a Manosphere Star Accused of Rape and Trafficking Was Freed, Megan Twohey and Isabella Kwai (NYT) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky